Australian Court Rejects Indigenous Activist's Bid to Prosecute King Charles
An Australian court dismissed Indigenous activist Robbie Thorpe's bid to criminally charge King Charles III for alleged genocide. Thorpe now plans to take the case to the ICC.
The Court of Appeal in the Australian state of Victoria has dismissed a legal challenge brought by Indigenous activist Robbie Thorpe seeking to criminally prosecute Britain's King Charles III. Thorpe attempted to file private charges against the monarch, alleging genocide against the Indigenous population. This marks his third consecutive legal defeat since launching his efforts in 2023 to bring King Charles, who also serves as Australia's head of state, to trial.
Thorpe, a 68-year-old elder of the Krautungalung people, argues that the monarch, alongside the Australian government and institutions, is continuing acts of genocide. According to his perspective, this is carried out through the maintenance of systemic structures that disadvantage Indigenous Australians across socio-economic indicators. While the Indigenous population accounts for approximately 4% of residents, official data indicates they experience lower life expectancy and disproportionately higher rates of incarceration and unemployment compared to the broader Australian public.
Pursuit of International Justice
Following the court's ruling, Thorpe stated that he does not expect a fair trial within his own country. "The International Criminal Court will expose Australia for what it really is—a false, racist, and illegal occupation that commits genocide," he declared. Despite the ongoing domestic setbacks, he made it clear that he refuses to back down. He intends to take his allegations against King Charles to the International Criminal Court (ICC) in The Hague, pending one final attempt to seek leave to appeal before the High Court of Australia.
Sovereign Immunity and Legal Hurdles
Despite Thorpe's determination, his legal path faces substantial barriers. In the United Kingdom, the sovereign enjoys absolute immunity from criminal and civil liability, which extends to private actions outside official duties. This immunity carries over to Australia, which maintains the British monarch as its head of state.
Furthermore, while the ICC does not recognize head-of-state immunity, private individuals cannot independently initiate criminal proceedings there. Thorpe's only viable avenue at the ICC is to present evidence to the Office of the Prosecutor in hopes of prompting an official investigation. Alternatively, a referral could theoretically come via the United Nations Security Council, though the United Kingdom holds veto power to block any such action against King Charles.
